Frequently Asked Questions: Cohabiting/Kuchaya Mapoto In Zimbabwe

1. What is Cohabiting/ Kuchaya Mapoto?

This is an arrangement where 2 lovers who are not customarily married or married in court or church live together as husband and wife.most probably in the same dwelling place.

2. Is Cohabiting Bad?

It depends on your values, is it however important to note that cohabitation is marginalized in most Zimbabwean communities. However, in the African tradition particularly in Shona, it’s always a good thing to pay lobola for someone before or while you are staying with her. Apart from the obvious reasons that its good to let her people know. If a woman who is cohabiting dies without the partner paying lobola, the partner will be required to pay for her people to come to bury her (kuripiswa/kuroora guva)

3. What does the law say about cohabiting when cohabiting partners decide to separate?

Because cohabiting partners have nothing legally binding them, since no lobola has been paid and they are not married in court or church, the law that governs marriages does not protect them when issues of sharing assets after separation, maintenance after separation arise. When people who are cohabiting separates, in most cases the partner who was contributing more usually gets away with it all or a lot of property they have acquired while they were cohabiting depending on the circumstances. surrounding the separation. If the other partner was not working they are not entitled to any property the other partner bought during their cohabiting time.

4. In case of death, what will the surviving partner claim or get in terms of property?

In most cases, relatives of the deceased will take property they believed belonged to their relative as the partner has no claim to property owned by the deceased. If there are children involved the child or surviving parent (if the child is a minor), may approach the courts to ensure that their child gets their inheritance incase it has all been taken away by the deceased’s family

5. Is there a law that protects cohabiting partners?

Unfortunately, NO. 2 cohabiting partners are just 2 roommates legally, so the law is silent on that situation.

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